TOWN OF INNISFIL STAFF REPORT STAFF REPORT NO: DATE: To: From: Subject: Cross Reference: DSR-062-17 April 5, 2017 Mayor, Deputy Mayor and Members of Council Tim Cane, Manager of Land Use Planning Our Shore Project for Shoreline Development: Official Plan Amendment No. 23 DSR-055-16, DSR-030-17 RECOMMENDATION: That Council approve By-law No. 040-17 to adopt Official Plan Amendment No. 23 to establish a Community Planning Permit System for shoreline development as outlined in Staff Report DSR-062-17. BACKGROUND: As the Our Shore project for shoreline development is progressing, Staff is presenting the final documents to Council in two parts. Part 1: Consideration of Official Plan Amendment No. 23 to establish the enabling policies for a Community Planning Permit System (CPPS) that outlines the framework for the Community Planning Permit By-law Part 2: Consideration of the Community Planning Permit By-law that outlines the permitted uses and standards for development along the shoreline Staff believe there are several benefits in taking this two part approval approach. Proceeding with Part 1 allows the County of Simcoe to begin their review and approval of Official Plan Amendment No. 23 and at the same time, Town Staff can finalize the Community Planning Permit By-law. The comments received to date were more directly related to the details within the Community Planning Permit By-law rather than the proposed use of a CPPS. The consideration of the CPPS on May 24, 2017 is in response to comments received to allow more opportunities for the community to become aware and involved in the proposed CPPS.
At this time, Staff are bringing forward Part 1, with the expectation to bring Part 2 to Council at their regular meeting scheduled for May 24, 2017. In January 2016, the Town began the Our Shore project to explore the use of a Community Planning Permit System to facilitate shoreline development. Since that time, Staff have led a multidisciplinary team of professionals to prepare an Official Plan Amendment and Community Planning Permit By-law to establish a Community Planning Permit System. Draft documents were presented to Council and the public during the first quarter of 2017. Following direction from the May 11, 2016 Council meeting, Staff are continuing with the project. Council was further updated on July 13, 2016, January 11, 2017 and most recently on February 15, 2017 at the Planning Public Meeting.Two technical reports have been prepared for the project thus far: Report 1: Background and Jurisdictional Analysis and Report 2: Technical Discussion. In August 2016, Staff hosted an open house for all shoreline property owners to clarify shoreline issues and to introduce the Community Planning Permit system concept. Residents were informed about the Our Shore project and were encouraged to leave their contact information to receive updates.in January and February of 2017, Staff hosted three open houses, a drop in session in advance of the public planning meeting and the statutory public planning meeting. The purpose of the open houses was to provide information to residents about a Community Planning Permit By-law and the ability to review and discuss the draft provisions in the by-law. The open houses were well attended. The January dates were held in conjunction with the Our Place Official Plan update project and the February date was specifically for the Our Shore project. The January 19th open house in Lefroy had thirty one attendees sign in. The January 24th open house at the lnnisfil ldealab & Library also had thirty one attendees sign in. The February 6th open house at Town Hall had twenty nine attendees sign in. The notification form from the February 15, 2017 public planning meeting had forty nine attendees sign in. It is important to note that not every person in attendance chooses to sign in. The email list on this project has 142 addresses to date and continues to grow as individuals ask to be kept up to date on this project. The public planning meeting was live streamed on YouTube and it has received 236 views to date. In addition to residents and residents' groups, Staff have been invited to make presentations to various groups including: BILD (Building Industry and Land Development Association) Simcoe Chapter (November 4, 2016), Lake Simcoe Stewardship Network (November 23, 2016), Town of lnnisfil Heritage Committee (January 12, 2017), Local shoreline contractors (January 17, 2017) and Lake Simcoe Coordinating Committee (March 1, 2017). Staff have several future presentation requests into 2017 on this project and the use of a CPPS. In addition to the open houses, contact with interested residents has been steady and is summarized in this report as it relates to the Official Plan Amendment to establish a CPPS. The comments specifically related to the Community Planning Permit By-law will be included in a future staff report to Council. The Town's website and Open Forum have been available as resources for residents. Staff are always available to speak with for those that prefer in person communication. There have been two Open Forum discussions for the Our Shore project. The first discussion was open for approximately six months from June to December 2016. This topic had 131 visitors and 24 responses to the visual preference survey and 10 individual comments. The comments in this discussion requested additional information on the project, questioned the choice of photos
used for the visual preference survey and expressed a desire for balanced development and public access to the shoreline. The second discussion topic opened in January of 2017 when the draft documents were presented to the public. This discussion topic remains open and has had 32 visitors and 4 statements. Three responses do not support the proposed permanent dock and boathouse provisions. One response is concerned that the proposed dock lengths are not sufficient in shallow water areas. The comments received from the on line forum relate to the provisions in the Community Planning Permit By-law and not about the establishment of a CPPS. There have been two separate direct mail initiatives to shoreline residents. The first was in July 2016 for the August open house. The second was in January 2017 for the February open house and public planning meeting. Each mail out comprised of 1,295 distinct addresses. Staff have spoken to various individuals who cannot make the meetings for various reasons but are confident they were able to address concerns and provide additional input opportunities to accommodate the resident. The level of public engagement on this project has been, and continues to be, significant. Staff appreciate the time that residents and organizations have taken to educate themselves about the proposed Official Plan Amendment and Community Planning Permit By-law. ANALYSIS/CONSIDERATION: Official Plan Amendment No. 23 To facilitate a CPPS, the Town Official Plan must be amended to establish a community planning permit area. For the purposes of this project, the community planning permit area is defined as all properties with frontage on Lake Simcoe, including lots with direct access across a public road or private land where these lots are functionally connected to Lake Simcoe. Commercial properties will continue to be subject to site plan control. The Official Plan Amendment establishes a community planning permit area and matters to be included in the Community Planning Permit By-law such as: standards and uses. Staff are presenting the Official Plan Amendment to Council for adoption and County approval at this time for a number of reasons: 1. Comments received from the public related more to the Community Planning Permit Bylaw rather than the community planning permit concept that is established through the Official Plan Amendment; 2. The Official Plan Amendment can proceed with the Community Planning Permit By-law following further refinement to the larger, more complex document; and, 3. Staff and Council heard at the public planning meeting in February that this matter should return to Council at a later date when more seasonal residents or permanent residents who travel for the winter would be able to attend, therefore an anticipated return date of May 24, 2017 responds to those comments on timing. The regulations for Community Planning Permits 0. Reg. 173/16 outline what must be included in the Official Plan Amendment such as: 1. Purpose, Goals and Objectives 2. Area Subject to the Community Planning Permit 3. Details of the Community Planning Permit By-law 4. Amendments to the Community Planning Permit By-law 5. Complete Application Requirements 6. Delegation of Approval Authority
7. Conditions of Approval 8. Community Benefits All of these required elements are included in Official Plan Amendment No. 23. County of Simcoe Planning Staff have been included in the technical committee for this project throughout 2016 and are aware of the goals and objectives of this project. As indicated above, the Official Plan Amendment sets the framework for the Town to ultimately approve a Community Planning Permit By-law. The By-law contains more specific details on the system and the standards of development. The draft Community Planning Permit By-law presented to Council and the public in January 2017 provided an initial document for Council and residents to consider as it relates to shoreline development. Comments Received at the Public Planning Meeting: The public meeting was very well attended, as indicated above, several residents and members of the public addressed Council. The majority of the comments related to the components of the draft Community Planning Permit By-law, more specifically the length of docks and sizes of in water boathouses. There were only four comments specifically about the proposed use of a Community Planning Permit System. Comment #1 from Mr. Stuart Marwick on behalf of the lnnisfil District Association. Do we need a separate Community Planning Permit System when zoning by-laws are already in place? Staff continue to believe there are several aspects of a CPPS that make it an appropriate tool to manage the planning approvals for shoreline development. These include: Expanded definition of development - the regulations that guide Community Planning Permits have an expanded definition of development that includes site alteration, fill placement and removal and vegetation removal. These activities can impact the shoreline, but would not trigger a building permit or planning approvals. Shorter approval times - the 45 day turnaround time for decisions is much shorter than traditional planning approvals. In terms of the seasonal nature of the ability to work along the shoreline in addition to fish timing windows, shorter approval times are helpful to residents. Built in flexibility- with a zoning standard, the applicant can meet it or they cannot. If an amendment is required, the applicant must do a minor variance or a zoning amendment. In a CPPS, the defined flexibility is built right into the By-law and can be accommodated on one permit. Conditions of approval tied to ongoing monitoring measures - that are considered necessary for the protection of public health and safety or the natural environment. This comment did not change the content of Official Plan Amendment No. 23 as it was a matter that required clarification. Comment #2 from Ms Carla Smiderle Can neighbours appeal decisions to the Ontario Municipal Board? The applicant can appeal a decision or condition on Community Planning Permits to the Ontario Municipal Board. Third party appeals are not permitted on community planning permit decisions. This does not mean that residents cannot become involved in the community planning permit process, or an Ontario Municipal Board appeal. If a community planning permit decision or condition were appealed to the Ontario Municipal Board it would be because the permit was denied or a condition was attached that the applicant did not want to fulfill. Mostly likely,
neighbours would agree with the Town in this regard. The value of resident input is throughout the process, not through third party appeals. Residents, presumably, do not want to go to the Ontario Municipal Board; they want their concerns addressed early in the planning process. Staff are confident neighbours can be involved in the process. Should an application for a Community Planning Permit not be included in the scope of what is permitted by the by-law, an amendment to the by-law and potentially the Official Plan Amendment would be required. The Ontario Municipal Board appeal opportunities are as follows: Official Plan Amendment to establish a CPPS: Community Planning Permit By-law: Amendment to an Official Plan Amendment to establish a CPPS: Amendment to a Community Planning Permit By-law: Decision to refuse and not issue or a condition of approval: By the applicant I property owner This comment did not change the content of Official Plan Amendment No. 23 as it was a matter that required clarification. Comment #3 from Ms Carla Smiderle: With delegated approval authority, who will be making the decisions and what are their qualifications? The Town of lnnisfil has highly qualified and educated Staff with professional designations and accreditations. It is anticipated that Staff will have the ability to approve applications that meet all of the standards, but also with variations as outlined in the Community Planning Permit Bylaw. Greater variations from standards or more complex applications would be decided by Council with a Staff recommendation. In addition, the multi-jurisdictional review of applications as proposed by the Town would have the Lake Simcoe Region Conservation Authority and the Ministry of Natural Resources also examine permits as applicable, therefore Staff decisions would be consistent with other relevant jurisdictions. This comment did not change the content of Official Plan Amendment No. 23 as it was a matter that required clarification. Comment #4 from Ms Carla Smiderle: How do Bill 73: Smart Growth for Our Communities Act, 2015 and Bill 27: Burden Reduction Act affect the proposed CPPS? Bill 73 updated the regulations that apply to Community Planning Permits to Ontario Regulation 173/16. The term "Development Permit" was replaced with "Community Planning Permit". The remainder of the regulations and provisions remained the same.
Bill 27 looked to amend the Public Lands Act as it relates to approvals to add a provision that entitles a person to occupy public lands for the purpose of erecting or placing on the public lands, and using, a building, structure or things of a prescribed type or class or that meets prescribed specifications. No lease, licence, permit or other instrument under the Act is required to authorize the occupation of public lands under this provision. Should this burden reduction occur the result would essentially remove the requirement for permits under the Public Lands Act. This burden reduction has not taken place yet and the Ministry of Natural Resources and Forestry continues to issue permits. Should the burden reduction commence, this would increase the importance of establishing shoreline development policies at the municipal level as contemplated by the Our Shore project at this time. This comment did not change the content of the Official Plan Amendment No. 23 as it was a matter that required clarification. Comments Received - Agency Comments The Community Planning Permit concept is relatively new in Ontario and but the nature of the project with the input from the ground up has resulted in agencies becoming more aware and comfortable with this initiative by the Town. With the multi-disciplinary approach to this project, agencies have been given the opportunity to be involved in the project as contributors rather than commenters. The Technical Committee was comprised of local, provincial and federal representatives that met four times in 2016 to assist Staff in the content of the Official Plan Amendment but more specifically on the Community Planning Permit By-law. LSRCA has provided comments and are included in Attachment 2. Next Steps: Should Council see fit to adopt Official Plan Amendment No. 23, the document will be given to the County of Simcoe for approval. The Community Planning Permit by-law is continuing to be improved as Staff respond to the comments and issues raised at the public planning meeting where possible. Staff will bring the Community Planning Permit to Council on May 24, 2017. OPTIONS/ALTERNATIVES: Staff recommend the proposed Official Plan Amendment No. 23 be adopted through the approval of By-law 040-17. Council can choose to not adopt the Official Plan Amendment, but this is not desirable. The Official Plan Amendment will enable the future Community Planning Permit By-law for shoreline development for properties along Lake Simcoe. FINANCIAL CONSIDERATION: There are no financial considerations through the adoption of Official Plan Amendment No. 23. Staff time has been allocated in the capital project budget. CONCLUSION: Staff recommend that Council approve By-law 040-17 to adopt Official Plan Amendment No. 23 to establish a Community Planning Permit System for shoreline development.
PREPARED BY: Michelle Banfield, Policy Planner APPROVED BY: Tim Cane, Manager of Land Use Planning Attachments: 1. Proposed Official Plan Amendment No. 23 2. Agency Comments 3. Public Planning Meeting Minutes